A federal judge in Pennsylvania has cleared the way for a product liability lawsuit filed by 5 women alleging injuries from Bayer’s Essure permanent contraceptive device.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered serious side effects after receiving the Essure birth control implant, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the Problem?
March 30, 2016 – While Judge John R. Padova dismissed some of the plaintiffs’ claims based on preemption, he also ruled that the premarket approval (PMA) status that currently protects Bayer and Essure from litigation did not prevent the plaintiffs from pursuing legal action over other claims.
An allegation of fraudulent misrepresentation was unsuccessfully pled and dismissed by Padova; however, plaintiffs’ negligent misrepresentation claim was validated and leave given for plaintiffs to refile their complaints with additional information.
“Here, the complaint alleges the substance of the alleged misrepresentations, which primarily appeared on Bayer’s website and in Essure brochures, that Bayer ‘intentionally made the statements so that plaintiff[s] would be induced to have Essure implanted,’ and that plaintiffs ‘justifiably relied’ on those misrepresentations prior to implantation, and never would have had Essure implanted had they been aware that the representations were false,” Padova said. “We conclude that these allegations are sufficient to state a plausible negligent misrepresentation claim under the circumstances of this case.”
Essure is a small plastic insert that is permanently placed into a woman’s fallopian tubes by a doctor. The device works with the body to form a natural barrier that keeps sperm from reaching the eggs, thereby protecting against pregnancy. However, thousands of Essure recipients have complained that it causes severe injuries due to fragmentation and/or device migration. Some of the plaintiffs in the Pennsylvania lawsuit have claimed similar injuries – several have required a hysterectomy, and one got pregnant, giving birth to a child with birth defects.
The plaintiffs allege that Bayer promoted Essure in a manner in which the risks were minimized. Specifically, they refer to a claim on the Essure website that says the contraceptive is “Worry free: once your doctor confirms that your tubes are blocked, you never have to worry about unplanned pregnancy.”
Do I Have an Essure Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Essure lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Confidential Case Evaluation: Again, if you suffered complications after being implanted with the Essure contraceptive, you should contact our law firm immediately. You may be entitled to a settlement by filing a lawsuit and we can help.